HomeMy WebLinkAbout10-02-2000 Dyson Referendum ElectionBROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown
John H. Ward'
Gary S. Salzman'
Jeffrey S. Weiss
Suzanne D'Agresta
Anthony A. Garganese°
Scott D. Danahy
James G. Vickaryous
Allison Carmine McDonald
Alfred Truesdell
Arthur R. "Randy" Brown, Jr.
* Board Certified Civil Trial Lawyer
° Board Certified Business Litigation Lawyer
° Board Certified City, County & Local Government Law
October 2, 2000
Via Facsimile and U.S. Mail
Ron McLemore, City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, FL 32708-2799
Re: Dyson Referendum Election
Dear Ron:
111 North Orange Ave., Suite 875
Post Office Box 2873
Orlando, FL 32802-2873
(407)425-9566
(407) 425-9596 FAX
Email: fmn@orlandolaw.net
Website: www.orlandolaw.net
After further discussions with the Supervisor of Elections and the Division of Elections in
Tallahassee, it appears that the City will be unable to hold a paper ballot for the Dyson Drive
Annexation Referendum on November 7, 2000. As you know, the Supervisor of Elections has
informed the City that she is unable to use a voting machine to conduct the Referendum election.
Although Section 171.0413(2)(d), states that "ballots or mechanical voting devises" can be
used in the referendum election pertaining to annexations, Section 101.36, Florida Statutes, states
that in counties with populations in excess of 260,000, a municipality must conduct its elections with
voting machines or devises. It is, therefore, my opinion and advice to the City that the Dyson Drive
Referendum Election be held during a Special Election at which the Supervisor of Elections can
conduct the election by use of voting machines.
Ron McLemore
October 2, 2000
Page 2
Should you have any questions regarding this matter, please do not hesitate to contact me.
City Attorney
AAG:mw
cc: Andrea Lorenzo-Luaces, City Clerk
Richard Greenwood, Assistant to the City Manager
F:\DOCS\City of Winter Springs\General\Coirespondence\McLemore.ltr.re Dyson Referendum Election.mw
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